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Discussion Paper
July 2005
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Discussion
Questions
The following discussion questions have been prepared as an
aid to assist discussion of the issues raised in this paper.
You are invited to comment on any aspect of industry-led
regulation.
Written submissions closed 14 October 2005
:
Geoffrey Leveritt
Ministry of Consumer Affairs
PO Box 1473
Wellington
Ph: 04-462 4282
Fax: 04-473 9400
Email:
industryledregulation@mca.govt.nz
Official Information Act 1982
In providing your submission, please advise us if you have
any objections to the release of your submission, and, if you
do object, the parts of your submission that you wish withheld
and the grounds for withholding. When preparing and releasing
any summary and when considering any formal Official
Information Act requests, the Ministry will carefully review
any representations you make in this regard.
Privacy Act 1993
Any personal information that you supply to the Ministry in
the course of making a submission will be used only by the
Ministry when considering matters covered by this discussion
paper.
When preparing any summary of submissions on Ministry
discussion papers, it is the Ministry's normal practice to set
out the names of parties making submissions. Your name will be
included in any such summary unless you inform the Ministry
that you do not wish your name to be included. To indicate
your wishes, or to view personal information held about you in
relation to matters covered by this discussion paper, or to
request correction of that information, please contact the
Ministry of Consumer Affairs, telephone 04-474 2750.
Regulatory Context
The Ministry invites comment on the
environment for industry-led regulation. The following
questions are designed to illuminate some of the particular
issues, however feel free to explore other issues in your
submission.
What are your experiences of the interaction between
industry-led regulation and other forms of regulation?
What have been your experiences of the advantages and
disadvantages of industry-led regulation, in New Zealand
and/or overseas?
In your experience, which schemes and industries have
operated effective industry-led regulation in New Zealand?
In practice, do firms respond differently to government
regulation and industry-led regulation? Do consumers?
Is it important whether consumers are aware of the
voluntary or mandatory nature of a particular regulatory
instrument?
What have been your experiences of the costs of
industry-led regulation for industry? For consumers? For
government?
Do the different forms of industry-led
regulation impose different costs or achieve different
benefits?
Framework for Evaluating Effective
Industry-Led Regulation
Is the framework a suitable mechanism
for evaluating industry-led regulation?
Does the framework accurately describe the
process/concepts for evaluating industry-led regulation?
Does the framework incorporate the
appropriate elements for evaluating the effectiveness of a
scheme?
Market Structure and Industry
Circumstances Conducive to Effective Industry-Led Regulation
In your experiences, which markets and
industries in New Zealand have successfully operated
effective industry-led regulation?
What market structures and industry circumstances
characterise these industries and lead to the success of
industry-led regulation?
Does the framework incorporate all the
elements necessary to describe the market structure and
industry circumstances which are conducive to effective
industry-led regulation? What other elements should be
considered?
Content of the Scheme - Meeting the
Reasonable Expectations of Consumers
In your experiences, which types of
schemes have successfully operated effective industry-led
regulation?
What content (e.g. objectives, purpose, scope, rules)
characterises these schemes and leads to the success of
industry-led regulation?
What scheme development processes lead to effective
industry-led regulation?
Does the framework incorporate all the
elements necessary to describe the content of a scheme which
is conducive to effective industry-led regulation? What
other elements should be considered?
Operation and Enforcement of the
Scheme
What operational processes (e.g.
administration, monitoring, review, etc) lead to effective
industry-led regulation?
What enforcement processes lead to effective industry-led
regulation?
What types of sanctions are necessary to ensure effective
industry-led regulation?
What types of complaints resolution processes are
necessary to ensure effective industry-led regulation?
Does the framework incorporate all the
elements necessary to describe the operation of a scheme
which are conducive to effective industry-led regulation?
What other elements should be considered?
Evaluation Template
Does the evaluation template accurately
capture the issues in evaluating effective industry-led
regulation?
Are additional questions necessary to
elicit information that would be important in evaluating the
effectiveness of a scheme? Are some questions unnecessary?
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